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ESA Letter Florida

Florida ESA Laws: A Complete 2026 Guide (Housing, Travel & Workplace)

Erika Caturegli, PhDWritten by: Erika Caturegli, PhD - Updated:Feb 04, 2026
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If you live in Florida and rely on an emotional support animal (ESA), you’re protected under federal housing law, but you don’t get unlimited public-access rights like a trained service animal would, and misusing the system can cost you serious penalties.

Figuring out how to obtain a compliant Florida ESA letter and understand ESA rules can feel daunting, but CertaPet is here to help you with all the information you need. 

Warning: Florida Law Penalizes ESA Misrepresentation

Florida Statute § 817.265 makes fraudulently misrepresenting an animal as an emotional support animal a second-degree misdemeanor, punishable by up to 60 days in jail and/or a $500 fine, plus 30 hours of mandatory community service for an organization serving persons with disabilities. ESAs do NOT have public access rights in Florida. Attempting to bring your ESA into restaurants, stores, or other public places by falsely claiming it’s a service animal could result in criminal prosecution. Additionally, Florida Statute § 760.27 strictly regulates ESA documentation requirements, emphasizing the need of a proper clinical evaluation. Healthcare practitioners who issue fraudulent ESA letters in Florida face professional discipline and potential loss of licensure. Work only with licensed Florida mental health professionals who conduct proper in-person or telehealth assessments.

Key Takeaways for Florida ESA Owners

  • An emotional support animal (ESA) is protected under the Federal Fair Housing Act and Florida Statute § 760.27, which provides robust housing rights requiring Florida landlords to accommodate legitimate ESAs
  • No state waiting period: Florida does not require a 30-day therapeutic relationship before ESA letter issuance, but the letter must come from a licensed Florida mental health professional who has conducted a proper evaluation
  • ESAs in Florida housing are exempt from pet fees, pet deposits, and breed/weight restrictions when properly documented
  • Public access limitations: Florida ESAs cannot enter restaurants, retail stores, or most public spaces
  • Airlines no longer required to accommodate ESAs: expect pet fees and standard pet travel policies since 2021
  • Employment protections limited: Florida employers maintain discretion over workplace ESA accommodations under federal ADA guidelines
  • Severe penalties for fraud: up to 60 days in jail, $500 fine, and 30 hours community service for misrepresenting ESAs as service animals

CertaPet is Fully Compliant with Florida ESA Law

  • Licensed Florida mental health professionals
  • Complies with Florida Statute § 760.27 requirements
  • Proper telehealth evaluations (not just online questionnaires)
  • Fast digital delivery
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What is a Florida Emotional Support Animal? 

In Florida:

  • An emotional support animal (ESA) is defined under Florida Statute § 760.27 as an animal that does not require training to work or perform tasks, but whose presence alleviates one or more symptoms of a person’s disability.
  • A service animal is defined under Florida Statute § 413.08 as a dog or miniature horse trained to perform work or tasks directly related to a person’s disability.

Why does this matter?
Because your rights and the protections you get differ significantly depending on which category your animal falls into.

ESA vs Service Animal – What’s the difference?

FeatureService AnimalEmotional Support Animal
Must be trained to perform tasks related to disability✔❌
Right to access in most public places (per ADA)✔❌
Right to housing accommodation (with letter)✔✔ (under FHA/Florida law)
Can be denied by landlord only if direct threat✔✔ 

What This Means for You

If you have a compliant ESA letter in Florida, you’re protected from pet-policy discrimination in housing, and no breeds or size restrictions apply.

You don’t automatically have service-animal level access to restaurants, stores or all workplaces.
Mispresenting your pet as a service animal when it’s only an ESA can lead to criminal penalties.

How to Get a Legitimate Florida ESA Letter (Step-by-Step) 

Here’s how to get your ESA letter the right way in Florida so you can confidently use your rights.

  1. Talk with a licensed mental health professional: You must be evaluated by a verified healthcare provider, who will assess that you have a diagnosed emotional or mental health disability. The therapist must also determine that an emotional support animal helps with alleviating symptoms related to your condition. The professional who conducts the assessment has to be licensed in Florida.
  2. Obtain a compliant ESA letter: A compliant ESA letter should include the clinician’s license number, date of issuance, your name, a brief explanation of how the animal is part of your treatment plan, and be on official letterhead. Many online services now offer tele-health evaluations, which are valid as long as they are conducted with licensed mental health professionals.
  3. Present the letter to your housing provider: Once you have the letter, you can request “reasonable accommodation” under Florida law.
  4. Avoid “letter-mill” traps: Sites advertising buying an ESA certification and registering your animal as an ESA without a real evaluation are risky and may invalidate your protections.

Florida Law Alert: Under Florida Statute 760.27(2)(b) & (3)(b) a housing provider may not require you to use a specific form, notarized statement, or deny your ESA request simply because you didn’t follow a preferred procedure, for instance in-person evaluation vs. tele-health appointment.

If you’re ready to secure your ESA rights in Florida, start your assessment today and talk to one of our CertaPet licensed professionals certified to practice in Florida.

Understanding Your Florida ESA Housing Rights 

Under Florida law, you have housing accommodation rights when you qualify for an ESA.

What you should know is that:

  • A housing provider cannot deny you accommodation if you have a disability-related need for an ESA and a valid letter.
  • The housing provider may ask for reliable information if your disability or need isn’t obvious; this can include a note from the healthcare provider who prescribed the ESA.
  • Landlords cannot charge extra pet fees, pet rent, impose breeds or size restrictions,or require the animal to be specially trained.
  • You remain liable for any damage your animal causes to the property.

What This Means for You
You can live in “no-pet” housing with your ESA as long as you have a valid letter.
Your landlord can’t charge you extra for having your ESA (pet rent, deposit)
Your ESA must behave; if it poses a direct threat to the safety of others, or causes significant property damage, the housing provider is within their right to deny your request.

Where Can You Take Your ESA in Florida? (Rules, Risks & Limits)

Public access: While your ESA is protected in your home housing context, your rights in public places are much more limited compared to a trained service animal. ESAs are not generally permitted into restaurants, hotels, stores, etc. unless these businesses already implement pet friendly policies.

Travel/Airline: Federal rules changed in 2020 so airlines now treat most ESAs as pets, not service dogs. Due to an amendment of the Air Carrier Access Act, ESAs are now subject to regular airfare fees, as well as breed and size restrictions. Moreover, ESAs have to fly in airline approved pet carriers.

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What This Means for You
 Your ESA is protected at home under housing law if you meet the criteria.
You can’t assume your ESA has unlimited access in restaurants, retail stores or    public venues, these places may refuse them.

Florida ESA Rules for the Workplace 

In Florida, workplace rules for ESAs are limited. The state law focuses on service animals under employment law (Statute 413.08) but does not guarantee ESA rights the same way.

What this means: If your animal is only an ESA, you’ll need to rely either on your employer’s voluntary policy or other accommodations under the ADA/federal law. You can always try to make your case to your employer provided you have your valid ESA letter and show them how having your animal near can positively impact your productivity. 

Florida ESA Resources for Students

University and College Housing

Florida college and university housing falls under FHA jurisdiction, meaning ESAs receive accommodations as reasonable disability support, though access remains limited to student living quarters. Universities may remove animals that pose health/safety threats or interfere with University programs.

Standard process:

  • Contact your school’s Disability Services office, Student Accessibility Services, or Disability Resource Center (not housing departments initially)
  • Provide ESA documentation from a qualified Florida-licensed provider meeting Florida Statute § 760.27 standards
  • Follow approval processes and requirements (vaccinations, behavioral standards, designated areas)

Florida schools with documented ESA policies:

University of Florida (UF) (Gainesville):

  • ESAs permitted in campus residence halls through Disability Resource Center (DRC)
  • Students must submit request and receive approval before bringing animal to campus
  • Must provide documentation from physician, psychiatrist, or mental health professional
  • Documentation must be on official letterhead, signed and dated within last two years
  • ESAs restricted to residence halls only
  • ESAs NOT permitted in other campus facilities (classrooms, libraries, academic buildings)
  • DRC will provide Housing with recommended accommodations based on documentation
  • Contact: Disability Resource Center – accommodations@ufsa.ufl.edu (put “Housing” in subject line)

Florida State University (FSU) (Tallahassee):

  • ESAs permitted in residence halls through Office of Accessibility Services (OAS)
  • Students must register with OAS and complete application process before bringing animal
  • Must provide documentation from healthcare practitioner, telehealth provider, or licensed mental health professional
  • Provider must have provided in-person care on at least one occasion and have personal knowledge of disability
  • Documentation must be on official letterhead, signed and dated within last two years
  • ESAs restricted to student’s room only (can only leave for nature breaks)
  • ESAs NOT permitted in classrooms, campus buildings, common rooms, residence hall common areas, or campus events
  • Processing takes up to 10 business days with adequate documentation
  • ESAs cannot be left alone overnight or cared for by another student
  • Contact: Office of Accessibility Services – (850) 644-9566

University of Central Florida (UCF) (Orlando):

  • ESAs permitted in University Housing through Student Accessibility Services (SAS)
  • Students must receive approval before bringing animal to housing
  • Must provide documentation from licensed healthcare professional under Florida Statute § 760.27
  • Important: Registration with any national organization is NOT necessary and will NOT suffice for documentation
  • ESAs restricted to housing environment only
  • NOT permitted in other campus facilities
  • Approval determined by Student Accessibility Services in connection with Housing and Residence Life
  • Contact: Student Accessibility Services – https://sas.sdes.ucf.edu/get-connected/

ESA Resources for Florida Veterans

Federal & State Housing Protections

Veterans in Florida receive the same Fair Housing Act protections as all other residents. Florida Statute § 760.27 provides additional state-level protections ensuring ESA owners are safeguarded against discrimination. Veterans qualify for ESA housing accommodations just like any other Florida resident with a documented mental health condition.

VA Mental Health Services & ESA Letters

Florida veterans can access mental health services through the extensive VA healthcare system in Florida (VISN 8 – the nation’s largest VA network). VA mental health providers licensed in Florida can issue valid ESA letters that meet Fair Housing Act and Florida Statute § 760.27 requirements.

Key points for veterans:

  • Veterans receive same FHA and Florida Statute § 760.27 protections as all residents
  • VA-connected mental health providers licensed in FL can issue valid ESA letters
  • ESAs are NOT allowed on VA facility grounds (service animals only)
  • Veterans can use VA mental health services to connect with FL-licensed providers for ESA evaluations
  • No 30-day relationship requirement in Florida (unlike California, Iowa, Arkansas, Montana, or Louisiana)
  • Florida requires proper clinical evaluation (in-person or valid telehealth), not just online questionnaires

VA Facilities Offering Mental Health Evaluations:

  • James A. Haley Veterans’ Hospital – 13000 Bruce B. Downs Boulevard, Tampa, FL 33612 – Main: (813) 972-2000 – Comprehensive mental health services including PTSD treatment, psychiatric care, and suicide prevention. 24/7 emergency room available
  • Orlando VA Medical Center – 13800 Veterans Way, Orlando, FL 32827 – (407) 631-1000 – Full mental health services including same-day help, individual and group therapy, MST counseling, and virtual mental health care
  • Miami VA Healthcare System – 1201 NW 16th Street, Miami, FL 33125 – (305) 575-7000 – Comprehensive behavioral health and psychiatric services
  • North Florida/South Georgia Veterans Health System – Malcom Randall VAMC: 1601 SW Archer Road, Gainesville, FL 32608 / Lake City VAMC: 619 South Marion Avenue, Lake City, FL 32025 – Gainesville: (352) 376-1611, Lake City: (386) 755-3016 – Full mental health services across North Florida
  • C.W. Bill Young VA Medical Center – 10000 Bay Pines Boulevard, Bay Pines, FL 33744 – (727) 398-6661 – Mental health and psychiatric services near St. Petersburg

Additional Support:

  • Florida Department of Veterans’ Affairs: (727) 319-7440 – State agency advocating for Florida veterans
  • Vet Centers throughout Florida: Confidential counseling for PTSD, depression, MST, and readjustment support
  • VA Health Connect Clinical Contact Center: 1-877-741-3400 (24/7 support for veterans in Florida, South Georgia, Puerto Rico, and U.S. Virgin Islands)
  • Veterans Crisis Line: 988, then press 1 (24/7 support)
Frequently Asked Questions
Do I need to register my emotional support animal in Florida?

No. There is no official ESA registry in Florida or any other state. Websites claiming to “register” or “certify” your ESA are scams and do not meet Florida Statute § 760.27 requirements. The only documentation you need is a legitimate ESA letter from a Florida-licensed mental health professional who has conducted a proper clinical evaluation (in-person or valid telehealth). Florida law specifically prohibits reliance on online-only providers that only require questionnaires or short interviews.

Can my landlord charge me a pet deposit for my ESA in Florida?

No. Under the Fair Housing Act and Florida Statute § 760.27, landlords in Florida cannot charge pet deposits, pet rent, or additional fees for emotional support animals. However, you remain financially responsible for any damage your ESA causes to the property, and landlords can charge you for repairs beyond normal wear and tear.

Can I bring my ESA to restaurants, stores, or hotels in Florida?

No. Emotional support animals do not have public access rights in Florida. Only service animals (dogs and miniature horses individually trained to perform specific disability-related tasks) are allowed in public accommodations under the ADA. Attempting to bring an ESA into public places by falsely claiming it’s a service animal is a second-degree misdemeanor under Florida Statute § 817.265, punishable by up to 60 days in jail, a $500 fine, and 30 hours of mandatory community service.

Can I fly with my ESA in Florida?

No. Airlines are no longer required to accommodate emotional support animals under updated Department of Transportation regulations that took effect in 2021. Most airlines now treat ESAs as regular pets and charge standard pet fees. If you need to fly with an animal for psychiatric reasons, consider whether your animal qualifies as a psychiatric service dog (PSD), which has air travel protections.

Does Florida require a 30-day relationship before issuing an ESA letter?

No. Florida does not have a state-mandated 30-day waiting period for ESA letters (unlike California, Iowa, Arkansas, Montana, or Louisiana). However, Florida Statute § 760.27 requires that the ESA letter come from a Florida-licensed healthcare professional who has conducted a proper clinical evaluation and has personal knowledge of your disability. The law specifically prohibits reliance on online-only providers that use only questionnaires or short interviews. In-person care or valid telehealth assessments are required.

Can I have more than one ESA in Florida?

Yes, you can have multiple emotional support animals if your Florida-licensed mental health professional determines that each animal is necessary to alleviate symptoms of your disability. Each ESA must be individually documented in your ESA letter. However, landlords may request information regarding the need for each animal when multiple ESAs are requested, and having a very large number may not be considered “reasonable” under fair housing law.

Does my ESA need special training in Florida?

No. Emotional support animals do not require any specialized training in Florida. Their therapeutic benefit comes from their presence and companionship, not from performing specific tasks. However, your ESA must be well-behaved, housebroken, and under your control at all times.

What are the penalties for misrepresenting a service animal in Florida?

Under Florida Statute § 817.265, fraudulently misrepresenting an animal as an emotional support animal is a second-degree misdemeanor punishable by up to 60 days in jail and/or a $500 fine, plus 30 hours of mandatory community service for an organization serving persons with disabilities (must be completed within six months of conviction). Additionally, licensed mental health professionals who issue fraudulent ESA letters face professional discipline and potential loss of licensure.

Can I bring my ESA to work in Florida?

Florida employers are not required to allow ESAs in the workplace under federal ADA guidelines. The ADA only protects trained service animals in employment settings. However, some employers may voluntarily allow ESAs as a reasonable accommodation for employees with disabilities. Contact your employer’s HR department to discuss whether this accommodation is possible in your specific situation.

Do I need an ESA letter to keep my emotional support animal in Florida housing?

Yes. To receive Fair Housing Act and Florida Statute § 760.27 protections in Florida, you must have a valid ESA letter from a Florida-licensed mental health professional who has conducted a proper clinical evaluation (not just an online questionnaire). The letter must be on official letterhead, signed and dated, and meet all Florida documentation standards. Without proper documentation, landlords can treat your animal as a regular pet and apply standard pet policies, fees, and restrictions.

Can my HOA or condo association deny my ESA in Florida?

No. Homeowners associations (HOAs) and condo associations in Florida must comply with the Fair Housing Act and Florida Statute § 760.27, requiring them to provide reasonable accommodations for ESAs even if their bylaws or CC&Rs prohibit pets. You must provide valid ESA documentation meeting Florida’s strict standards from a Florida-licensed mental health professional with proper evaluation. The association cannot charge pet fees. However, they can deny requests if the animal poses a direct threat to safety or would cause substantial property damage.

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